Terms of Use

Acceptance of Terms

Various online services and resources are offered at www.thebravestonline.com (this site, or this website as appropriate) including, but not limited to: access to news and information, news, videos, forums/blogs, various online materials resources and content, original content, and advertising provided by Third Parties which are all subject to the following Terms of Use Agreement (Terms of Use). Various online services and resources also includes but is not limited to news, research information, original content, various online materials resources and content, services, and other content and services which are also subject to the following Terms of Use. Your access and use of any or all of these various online services and resources, or anything made available on this site or in any part of this site, including but not limited to the news, information, services, pages, web sites and web pages, any content provided, and any other provided information and/or services in any manner is your agreement to comply with the Terms of Use of this site. In addition to agreeing to the Terms of Use, you are agreeing to the Privacy Policies and Disclaimers (these items are collectively referred to as Terms of Use) posted on this site. If you do not agree with any part or item of these Terms of Use, you must immediately discontinue use of this site.

All visitors/users of this site are urged to exercise reasonable prudence in all interactions, transactions, and any and all other activities and/or conduct while using this site and/or contacting or responding to contacts made through use of, viewing, or employing anything made available on, included on, or otherwise accessible through this site, on this site or in any part of this site. You are responsible for conducting any necessary, prudent, appropriate, judicious investigation(s), research, inquiry, or due diligence with respect to your interactions with others.

You are urged to carefully review the privacy policies, terms or use, and any other related documents and materials of any and all of the Third Parties providing any form of content, information, products, services, and any other matter or materials to this site.

Although this site is intended for general use, children 18 years and under should not use this site.

You agree to indemnify and hold TheBravestOnline.com, Bright Mountain®, LLC, and all their agents, representatives, employees, and officers harmless from and against any claims, cause of action, demand or damages associated with or related to your interactions with others. Any attorney’s fees and costs incurred by TheBravestOnline.com and Bright Mountain®, LLC, and all their agents, representatives, employees, and officers are included in this indemnification. TheBravestOnline.com and Bright Mountain®, LLC are hereinafter referred to collectively as Bright Mountain®, we, us, or our as applicable.

Signing Upat this site is voluntary on the part of the User. At sign up an email address is collected; other actions or activities at this site may require additional information; for example: submitting a video will require additional information. When you use this site you agree to provide accurate and complete information, and further agree to keep your information complete and accurate. You agree to notify us when your information changes.

User Submitted Data/Content/Posts, User Responsibility

User Submitted Data/Content/Posts (User Submission(s)):Any User Submission(s) (which includes but is not limited to posts, advertisements, comments, videos, files, messages, images, photos, links, or other materials information or communication that a User or Third Party posts onto this site) other than the Personally Identifiable Information (PII) covered under the Privacy Policy of this site is considered to be non-confidential and non-proprietary. We have no, and will not assume any, obligations or liabilities with respect to User Submission(s) or any other information posted to or maintained on this site by any user or Third Party. All data and/or content created by you is deemed under your control and in your possession. We assume no obligation to maintain such data and/or content and you agree to indemnify us from any costs, claims, damages, losses, liabilities, and including attorney’s fees, associated with any request for such data.

Person(s) and/or users posting and/or submitting any User Submission(s) assume sole and complete responsibility for such content, and such persons and/or users represent and warrant that they own or control all of the rights to the content, that the content is accurate, that the use of that content does not violate this policy and will not cause injury or harm to any person or entity; and that you indemnify Bright Mountain® for any claims resulting for the content that has been posted or submitted. We retain the right, but not the obligation, to monitor, edit or remove any content or activity.

We assume no liability or responsibility and do not make any representations or warranties regarding the authenticity, accuracy, completeness, or reliability of any content posted or submitted by users of this site or Third Party providers of any content. Users of this site that post or submit content grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, modify, adapt, publish, translate, create derivative works from, distribute, and display said content anywhere in any media. You grant Bright Mountain® and sub licensees, in their sole discretion, the right to use the name submitted in connection with said content.

We do not make any representations or warranties as to, and do not have the responsibility to examine, evaluate, or warrant any User Content Submissions/Posts/Advertisements on this site, or Third Party advertisements, or any other items made available on this site. We do not assume any responsibility or liability for the actions, products, communications, interactions, transactions, damaged items, disputes or any relationships between you and any other user, Third Party, person or organization (“your interactions with others”) and/or content on the this site.

User Responsibility: You are responsible for conducting any necessary, prudent, appropriate, judicious investigation(s), research, inquiry, or due diligence with respect to your interactions with others. You agree to indemnify and hold us, and all our agents, representatives, employees, and officers harmless from and against any claims, cause of action, demand or damages associated with or related to your interactions with others. Any attorney’s fees and costs incurred by us, and/or all our agents, representatives, employees, and officers are included in this indemnification.

1) are not parties to, do not participate in, and have no involvement or interest in the transactions, communications, interactions, disputes or relations between users of/visitors to this site

2) are not parties to, do not participate in, and have no involvement or interest in the transactions, communications, interactions, disputes or relations between buyers and sellers of items posted to any of the Forums by users or Third Parties.

3) do not make any representation or warranties as to, and do not have the responsibility to examine, evaluate, or warrant the offerings of any Third Party or User Content Submissions, Posts, Advertisements, items, products, merchandise and/or services made available through any of the Forums or in any location of this site.

4) do not assume any responsibility or liability for the actions, products, communications, interactions, transactions, damaged items, disputes or any relationships between you and any other user, person or organization (“your interactions with others”) and/or content of any of the Forums, or any content in any location on this site.

Digital Millennium Copyright Act (DMCA) and Take-Down Notice

We respect authors’ and content holders’ rights, and our policy is to respond to legally valid Take-Down Notices of alleged copyright infringement that meet or exceed the criteria defined in 17 U.S.C. Section 512(c)(3), also known as the Digital Millennium Copyright Act (DMCA) of 1998. The accounts of those whom we determine to be repeat infringers based on our “Three-Infringements” policy will be terminated without notice. If someone has posted your copyrighted information without your permission to our site submit a Take-Down Notice to us which includes, but is not limited to, the following information:

Identification of the copyrighted work(s) that has (have) been infringed;

Identification of the material(s) that is (are) claimed to be infringing and information reasonably sufficient to permit us to locate the material(s), such as direct links to the material(s);

Information sufficient to permit us to contact you such as an address, phone number, or email address;

A statement that you have a good faith belief that use of your copyrighted work(s) in the manner complained is not authorized by you the copyright owner, your agent, or the law;

A statement that the information in the Take-Down Notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

A physical or electronic signature of the individual authorized to act on the material allegedly infringed. This party may be the actual copyright owner or an individual authorized by the copyright owner to act on behalf of the owner of the copyright.

The Take-Down Notice should be mailed or emailed to our Copyright Agent at the following:

We cannot guarantee action on incomplete take-down notices. You acknowledge that if you fail to comply with all of the requirements of this section, your Take-Down Notice may not be valid.

Persons who knowingly materially misrepresent that material or activity is infringing may be subject to liability. Misuse of the take-down notice may result in legal action and/or termination of your account. Please note that 17 U.S.C. Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA take-down notice.

DMCA Counter-Notice

If you believe your material that was removed or disabled is not infringing another’s rights, or that you have authorization from the copyright owner or its agent, or that you have rights in the material pursuant to the law, to post and use the material, you may send a Counter-Notice containing the following information to our Copyright Agent:

Identification of the material(s) that was (were) removed or disabled and the location where the material appeared before it was removed or disabled;

A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

A statement that you consent to the jurisdiction of a Federal District Court in the district where you are located (if you live in the U.S.) or your consent to the jurisdiction of a Federal District Court for any judicial district where the website may be found (if you are not living in the U.S.);

Your consent to accept service of process from the party who submitted the takedown notice;

Information sufficient to permit us to contact you such as an address, phone number, or email address; and

Your physical or electronic signature.

The Counter-Notice should be mailed or emailed to our Copyright Agent at the following:

We cannot guarantee action on an incomplete Counter-Notice. You acknowledge that if you fail to comply with all of the requirements of this section, your Counter-Notice may not be valid.

If a Counter-Notice is received by our Copyright Agent, we will immediately send a copy of the Counter-Notice to the complaining party informing that person that we may replace the removed or disabled material(s) or cease disabling it in 10 business days from the receipt of the Counter-Notice

Unless we receive a notice that the copyright owner filed an action seeking a court order against you the alleged infringing user within 14 days from the receipt of the Counter-Notice, the removed or disabled material(s) may be replaced, or access to it restored, no earlier than 10 business days after receipt of the Counter-Notice and no later than 14 business days after receipt of the Counter-Notice.

Misuse of the counter-notice may result in legal action and/or termination of your account. Please note that 17 U.S.C. Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA counter-notice.

Typographical Errors

If at any time any content on this site is incorrect due to typographical error or is inaccurate information we retain the right to cancel and/or refuse purchases and/or orders placed based on such errors or information. We do not warrant that any content contained in this or related sites is accurate, complete, reliable, current, free of errors or inaccuracies.

Children under 13 and Children under 16

Personally Identifiable Information is not knowingly collected by this site from children 16 years of age and under. If we learn that information has been collected from a child at or under the age of 16 without verification of parental consent the information will be deleted as quickly as reasonably possible.

Disclosure and Use of Your Communications; Electronic Communications

Visitors and Users of this site consent to receive electronic communications (e-mail) from us. We may communicate with Visitors/Users via e-mail or by posting notices to this site. Visitors/Users of this site agree that all agreements, notices, disclosures, and other communications provided to you by us electronically will satisfy any legal requirements for communication in writing.

Prohibited Conduct: Registered Users, Advertisers, and all those who use of, make purchases at, and/or visit this site agree that they will NOT personally or in any manner effect or invoke any other party to:

Harass, demean, stalk, threaten, defraud others at this site

Post, send, provide, request, distribute, link, or in any way make available any inappropriate or offensive content or materials including, but not limited to: pornographic or sexually explicit, threatening, hostile, violent, embarrassing, harmful, hateful, racially insulting, ethnically insulting, deceptive, defamatory, tortious, libelous, or otherwise inappropriate or offensive content or material

Post, send, provide, distribute, request, link, make, discuss, depict, or in any way make available any form of child, or any other, person or creature, abuse, cruelty, sexuality, exploitation, or any other related materials or topics posing harm to, or threatening the security of a child or an individual.

Post, make, request, send, link, or provide inappropriate or unsolicited advertisements, offers, or proposals for services, goods, or any other commercial activities.

Access or attempt to access another person’s account at this site, or impersonate another person of Bright Mountain® staff member.

Obtain without permission or by hacking, or encourage another person to obtain user name(s), password(s), and/or any other information from this site; or provide any such information to a Third Party.

Use any of the information or site features for anything other than what they are intended to be used for. This includes the exploitation of any issues or glitches at this site for personal gain.

Interfere, or intentionally interfere with, the security-related features, the operation of this site, or a member’s enjoyment or use of this site; including trolling or any other such behaviors.

Use this site, or encourage or entreat others to use this site for any illegal purpose or intent.

Default on payments for purchases made at this site.

Post, send, provide, request, link, distribute or in any way make available any content containing software viruses, code intended to damage, or otherwise interfere with any system, hardware, software, equipment, data, or any other information.

Engage in misrepresentation of any sources, identification of, or content of information transmitted to this site, including false representations, or trademark, patent, or any other right or right of ownership infringement. For example: you are precluded from claiming as your own work anything created by another person.

Attempt or encourage another to attempt to disassemble, decipher, reverse engineer, decompile, or in any manner attempt to attain any source code, underlying algorithms, or original ideas or content of any part of this site.

Attempt, or encourage another to attempt to conduct to violate the security of this site, content, databases, services provided, network, Third Parties, or Third Party provided information/services, including, without limitation: a) accessing data or logging into servers, accounts, or databases unintended for such user(s), or which the user is not authorized to access; b) to probe, scan or test the vulnerability; c) to breach security or authentication measures without proper authorization; d) to interfere via means of, but not limited to, submitting a virus, overloading, “flooding”, “spamming”, “mail bombing”, “crashing”, or sending unsolicited email including promotions and/or advertising of products or services, or forging any TCP/IP packet header on any part of the header information in any posting; e) to use any device, software, or routine to interfere, or attempt to interfere with proper functioning of this site, content, databases, services provided, network, Third Parties, or Third Party provided information/services.

Taking, or encouraging another to take intentional actions which impose an unreasonable or disproportionately large load on the infrastructure of this site, its services and content, server, or Third Parties or Affiliates.

Use of this site:

This site is for non-commercial use. You are not permitted to use this site or its contents for any commercial or non-personal purpose (direct or indirect). We reserve the right to prevent and/or terminate the access to this site of any party that violates in any way this Terms of Use.

Termination

We reserve the right to block, remove, or terminate any user’s access at any time for any reason. Further, if you fail, or are suspected to have failed, to comply with any of the provisions of this Terms of Use, Bright Mountain® has the right, without notice to you to block, remove, or terminate your access to this site.

Ownership Notice and Usage Restrictions

This website is intended for your personal and non-commercial use only. All of the content, information, data, Third Party content supplied information, and any other information provided in this site is NOT intended for reproduction, distribution, sales or transmission by or for any business, commercial or public purposes. All materials that are included on this site are protected by their applicable laws (these laws include US and International copyright and trademark laws), and any unauthorized use, duplication, distribution or sales of such materials may violate copyright, trademark, and other applicable laws.

Third-Party Advertising Companies:

When you visit this site third-party advertising companies may serve ads to you. These companies employ behavioral advertising techniques, and may use information about your visits to websites to tailor advertisements about goods and services to your interests. Unless otherwise stated your name, address, email address, or telephone number are not included in the information used by these advertisers. Please Click Here for more information about this practice, and to find out about opting out of targeted advertising from these companies. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that Bright Mountain® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this site.

Indemnification

By virtue of your accessing this site you agree that you are solely responsible for use of this website. In addition you further agree to indemnify and hold harmless Bright Mountain®, any and all of its affiliated companies/businesses, suppliers, partners, licensors, and other parties from any claims, damages, losses, liabilities, and including attorneys’ fees which arise out of your misuse or use of this site, violation of these terms, or the violation of any persons or entities rights, or any breach of the warranties, representations, and covenants made by you herein.

Disclaimer of Warranty and Limitation of Liability

THIS WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, SOFTWARE, SERVICES, NEWS, AND SERVICES PROVIDED OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO VISITORS/USERS “AS IS” AND ON AN “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRIGHT MOUNTAIN® DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OR ACCURACY OF THIS SITE, OR OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, SOFTWARE, SERVICES, NEWS, AND SERVICES PROVIDED, INCLUDED ON, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE. FURTHER, BRIGHT MOUNTAIN®, TO THE FULL EXTENT PERMISSIBLE BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. BRIGHT MOUNTAIN® DOES NOT WARRANT OR REPRESENT THAT THIS SITE AND ANY AND ALL CONTENT, INFORMATION, MATERIALS, DATA, PRODUCTS, SOFTWARE, SERVICES, NEWS, AND SERVICES PROVIDED, INCLUDED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS ARE FREE OF ERRORS, DEFECTS, VIRUSES, BUGS, WORMS, OR ANY OTHER HARMFUL COMPONENTS OR ITEMS. BRIGHT MOUNTAIN® SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OR MISUSE OF THIS SITE, OR FROM ANY CONTENT, INFORMATION, MATERIALS, DATA, PRODUCTS, SOFTWARE, SERVICES, NEWS, AND SERVICES PROVIDED, INCLUDED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. VISITORS/USERS OF THIS SITE AGREE THAT THEY USE THIS SITE AT THEIR OWN RISK.

Reservation of Rights

Bright Mountain® reserves the right to take (in its sole discretion) any action or inaction as is allowed by law. These Terms of Use and documents referenced and incorporated herein constitute the entire representation made by Bright Mountain® regarding and relating to the subject matter of the Terms of Use. In the event that any part of these Terms of Use are declared or determined to be void, unlawful, invalid or unenforceable for any reason the remainder of these terms, conditions, and/or provisions will remain intact and will not be affected or impaired.

Modifications to Service

We retain the right to temporarily or permanently, and in part or in whole, change, modify or discontinue TheBravestOnline.com and/or any content on this site at any time and for any reason without prior notice.

Choice of Law and Choice of Forum

Person(s) visiting or using this site agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise. Any dispute relating in any way to your visit to this site or to products or services sold or distributed through TheBravestOnline.com shall be adjudicated by binding arbitration in Palm Beach County, Florida, and you consent to exclusive jurisdiction and venue therein and in any such court for the enforcement of any award of decision therefrom.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this site and/or by and between you and Bright Mountain® and/or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Applicable Laws And Governing Language: Any person(s) who elect to access this site from outside of the United States of America do so at their own initiative, and by such election and initiative are assuming the responsibility for compliance with any local laws applicable to their use and access of this site. The Terms if Use herein disclosed are governed by and constructed in accordance with the applicable laws of the United States of America, and are without giving effect to any principles of conflicts of laws.

When and if any Bright Mountain® and/or TheBravestOnline.com document (including, but not limited to the Terms of Use Agreement(s), Privacy Policy(s), or Disclaimer(s)) is translated for local requirements and/or use the English version of said document shall govern. In addition, in the event of any dispute between the English and any translated (Non-English) document, the English Document shall prevail, shall govern.